[HISTORY: Adopted by the Town Board of the
Town of Ossining 4-12-1994 by L.L. No. 1-1994; amended in its entirety 11-12-2013 by L.L. No.
1-2013. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Alarm Devices
and Systems Law of the Town of Ossining, New York."
The purpose of this chapter is to regulate the installation,
maintenance and use of emergency alarm devices and systems designed
to require Police Department response, investigation and safeguarding
of property located in the Town of Ossining upon notification of the
activation of an alarm. This chapter is intended that such regulation
by the Town of Ossining will serve to protect and promote the health,
safety and welfare of the residents of the Town through safer and
more-efficient use of alarm devices and systems. It is further intended
to reduce the number of false alarms and to encourage the use and
proper maintenance of reliable emergency signal systems and devices.
The following definitions apply as used in this chapter:
A signal transmitted to police headquarters which is intended
to notify the Police Department of a burglary, robbery or other emergency
at a premises within the Town of Ossining to which the Police Department
is expected to respond.
Any individual who is employed by any person licensed by
New York State to conduct the business of owning, operating, maintaining,
installing, leasing or selling alarm devices, whose duties include
any of the following: selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing in or on any building, place
or premises any alarm device or system, as defined in this chapter,
within the Town of Ossining.
Any person engaged in the business of owning, operating,
maintaining, installing, leasing or selling an alarm device or devices
or system of alarm devices, which business is, as owner, operator,
provider of maintenance service, installer, lessor or seller of said
device, devices or system of devices, subject to the license requirements
of New York State.
Any system which, when activated, transmits a signal to police
headquarters or to a central alarm station and/or produces an audible
or visible signal to which the Police Department is expected to respond.
Any alarm system or aggregation of alarm devices installed
on or within a single building or on or within more than one building
or area located on a common site.
A board consisting of three members appointed by the Town
Board of the Town of Ossining to review any complaints or problems
arising out of the enforcement of any provision of this chapter.
Any person, as owner or lessee, on whose premises an alarm
system is owned, operated, used or maintained.
A facility operated by the Police Department to receive,
record and verify alarm signals transmitted from alarm systems or
from central alarm stations.
Any facility operated by a private firm that receives and
verifies alarm signals and relays information about such verified
signals to the central alarm monitoring facility.
A telephone device or telephone attachment that automatically
or electronically selects a telephone line connected to the central
alarm monitoring facility or to a central alarm station to report
a burglary, robbery or other emergency requiring Police Department
response.
Any alarm device which transmits a signal over a leased telephone
line to the central alarms monitoring facility or to a central alarm
station.
Any activation of an alarm system, whether intentional or
automatic, that does not emit a valid emergency signal.
The Town Supervisor or a Town officer designated by him and
whose designation has been filed with the Town Clerk.
Any alarm system not connected to the central alarm monitoring
facility or to a central alarm station which, when activated, causes
an audible and/or visual signaling device to be activated at the premises
on or within which the system is installed.
A mechanical deficiency or other fault or failure in an alarm
system which results in a false alarm.
Any alarm device in which activation of the alarm signal
is initiated by the direct action of the alarm user.
Any natural person or any other entity capable of being sued
or prosecuted for violation of this chapter.
The Westchester County Department of Public Safety.
Acknowledgment that an alarm has been received at police
headquarters by an act of answering a telephone call, noting information
received and starting any process of verification, such as notifying
vehicles of receipt of an alarm or any other act commencing the process
of acting as a Police Department on account of such notification.
Qualification of the legitimacy of an alarm signal by various
means which may, under normal conditions, include but not be limited
to customer call-in, central station call-out, automatic abort or
built-in delay.
A.Â
Any
property owner or lessee of property in the Town of Ossining having
on such premises an alarm device or alarm system shall register with
the licensing officer to obtain a yearly permit to own or otherwise
have such a system. No such system may be installed on the premises
of the owner or lessee prior to the issuance of a permit to such owner
or lessee. Permits issued hereunder shall be effective from January
1 through December 31 of the year of issuance. Original permits issued
after January 1 shall be charged on a pro rata monthly basis for that
year. Renewals must be made within 30 days of the expiration of the
permit and must include a statement that the device or system is in
good working order.
B.Â
Any
alarm systems installed prior to the effective date of this chapter
shall also be subject to the registration requirements outlined above.
C.Â
If
an existing alarm system has had two or more false alarms within the
year immediately preceding registration, it shall be a further requirement
that the person who installed the system or the person who services
the system must certify that the system is in proper working order
at the time of registration.
A.Â
Any
person seeking to register an alarm device or system under this chapter
shall complete an application for permit to operate an alarm system
form and submit it to the licensing officer. Said form must contain
at least the following information:
(1)Â
Name of applicant.
(2)Â
Address of applicant.
(3)Â
Home telephone number.
(4)Â
Business telephone number.
(5)Â
Type of alarm system.
(6)Â
Emergency contacts (persons authorized to enter the premises in emergencies).
(7)Â
Whether the application is for an existing system, a new system or
a modification to an existing system.
(8)Â
Type of monitoring for the system.
(9)Â
Name, address, telephone number and license number of the person
or company installing or servicing the alarm system.
B.Â
Upon
receipt of an application, the licensing officer will review it and,
if it is found to be complete, will issue a permit.
A.Â
No
person shall use or cause or permit to be used any alarm system that
automatically selects a telephone trunkline of the Police Department
and then reproduces any prerecorded voice messages to report any robbery,
burglary or other emergency.
B.Â
The
use of any dial alarm device which relays a digital coded signal to
the central alarm monitoring facility is permitted under this chapter.
C.Â
Alarms
which are designed to be heard outside of a building are prohibited,
except that an external alarm that is installed which shall be capable
of and shall automatically terminate its operation within 15 minutes
of being activated is permitted.
The fee for a permit issued under this chapter shall be established
by resolution adopted by the Town Board. Payment of such fee must
be made before the issuance of the permit. No refunds of permit fees
shall be made.
Information contained in the application for a permit shall
be confidential and not subject to disclosure without the written
permission of the applicant.
A.Â
Licensing
to conduct alarm business. Any person engaged in the business of owning,
operating, maintaining, installing or leasing or selling an alarm
device or devices or system of alarm devices who desires to conduct
such business in the Town of Ossining must be properly licensed by
the State of New York pursuant to Article 6-D of the General Business
Law and Title 19 of NYCRR, Parts 195 and 196.
B.Â
Alarm
agent license. Any person engaged in the business of maintaining,
repairing, servicing, altering, replacing, removing or installing
an alarm device or alarm system shall carry on his or her person at
all times while so engaged a valid license and identification card
and shall display such license and identification card to any Town
official upon request.
C.Â
Registration
of license. A copy of the alarm agent's New York State license
must be filed with the licensing officer of the Town of Ossining.
The fee, if any, for filing a copy of the license with the licensing
officer of the Town of Ossining may be established by resolution adopted
by the Town Board.
A.Â
Any person found to be using an alarm device on premises located
within the unincorporated section of the Town of Ossining without
a valid permit shall be in violation of this chapter. Each such violation
shall subject the violator to a penalty of up to $250. Each week that
such violation continues shall constitute a separate offense.
B.Â
Any individual or company found to be installing or maintaining,
servicing or in any way dealing with an alarm device or system on
property located within the unincorporated section of the Town of
Ossining without a valid license shall be in violation of this chapter.
Each such violation shall subject the violator to a penalty of up
to $500. Each week that such violation continues shall constitute
a separate offense.
Any owner or lessee of property having an alarm device or system
on such premises and any user of services or equipment furnished by
a licensee under this chapter shall pay to the Town of Ossining a
charge for a false alarm as established herein. The amount of the
charge shall be established by resolution adopted by the Town Board.
Failure to pay such charge within 30 days of notification shall result
in the revocation of the alarm permit.
A.Â
Notification of charges for false alarms shall be made by the licensing
officer, by regular first-class mail, by letter outlining the charge
to the property owner or lessee in possession. Copies of such notifications
shall be kept on file by the licensing officer.
B.Â
A monthly list of all charges issued shall be filed with the Town
Supervisor.
Payment of any false alarm charge pursuant to § 51-12 shall be made to the Town of Ossining either in person or by mail to the licensing officer.
The Town Board shall constitute, and shall function as, the
Alarm Review Board hereunder.
A.Â
Any person who believes he has been wrongfully charged for a false
alarm or has been wrongfully denied a permit or license after filling
out an application for the same may appeal to the Town Board of the
Town of Ossining, sitting as the Alarm Review Board, by sending a
certified letter describing the relevant facts and circumstances to
the Supervisor within 30 days of such charge or denial. Upon receipt
of such letter, the Supervisor shall place said appeal on the agenda
of the Town Board for consideration at its next regular public meeting.
The Alarm Review Board shall not accept the appeal of any person who
has already been served with a court appearance ticket.
B.Â
The Supervisor shall notify the person making an appeal of the determination
of the Town Board, in writing, within 10 days following the Town Board
meeting at which such determination was made.
The alarm device owner, lessee or user shall be responsible
for the maintenance and service of the alarm device and shall be responsible
for all malfunctions of such device.
A.Â
Notwithstanding the payment of any fee and/or the issuance of any
permit as herein required, the Police Department and the Town of Ossining
shall not be under any obligation concerning the adequacy, operation
or maintenance of any alarm device so installed or of the operation
of the central alarm monitoring facility or of any central alarm station,
and the Town of Ossining and its authorized agents assume no liability
for any failure of any such alarm device or the central alarm monitoring
facility or of any central alarm system for failure to respond to
any such alarms or for any act of omission or commission as a result
of any alarm, device or system.
B.Â
The alarm user or permit holder, by acceptance of a permit, hereby
agrees to hold and save harmless the Town of Ossining, its agents
or employees from any liability with respect to any such alarm device
or the operation thereof.
A.Â
The alarm user or permit holder shall notify the licensing officer
within 10 days of any changes in the information contained in the
application for a permit.
B.Â
The holder of any license to install and/or service alarms shall
notify the licensing officer within 10 days of any changes in the
information contained in the New York State application for a license.
If any clause, sentence, paragraph, word, section or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State and in compliance with all applicable
provisions of law.
